A recent decision of the U.S. District Court for the District of Delaware addressed a federal statute that allows, under certain circumstances, discovery in a U.S. federal court to aid a lawsuit pending in another country, in the matter styled: In re Application of Vestolit Gmbh and Celanese Europe B.V., Misc. No. 24-cv-1401-CFC
Francis G.X. Pileggi
Chancery Determines Proper Board Membership in the Context of Company Counsel Playing Key Role in Attempted Ouster
A recent Delaware Court of Chancery decision is noteworthy for several key principles applied to a set of facts that involve company counsel using corporate machinery and corporate funds to join with a faction of the board to oust a board member. Dalby v. Kastner, C.A. No. 2025-0136-NAC (Del. Ch. Aug. 29, 2025), is…
Chancery Imposes Fees for Lack of Candor Causing Discovery Abuses—A Cautionary Tale
A recent Delaware Court of Chancery decision explained why a lack of candor resulted in discovery abuses that justified fee-shifting. In Legent Group, LLC v. Axos Financial, Inc., C.A. No. 2020-0405-KSJ (Del. Ch. Nov. 7, 2025), the court explained the factual basis for its findings that the lack of candor created unnecessary expenses, requiring…
National Law Review’s Delaware Corporate and Commercial Law Monitor, 9th Edition
My 9th Edition as Editor-in-Chief of the Delaware Corporate and Commercial Law Monitor published by The National Review is now available.
We collect articles from around the country, by practitioners and academics, about the latest developments on the titular topic.
Chancery Addresses Issue of First Impression: Role of Counsel for a Two-Member Deadlocked Board
In a recent bench ruling, the Delaware Court of Chancery addressed an issue that it acknowledged had not been squarely decided by the court in a prior published decision: corporate counsel’s role and scope of engagement for a two-member deadlocked board. In Kundrun v. AMCI Group, LLC, C.A. No. 2025-0570-LM-VCL (Del. Ch. Oct. 22…
Chancery Dismisses Complaint Based on False Allegations
The Delaware Court of Chancery recently dismissed a complaint based on false allegations verified as true in a complaint, as well as fabricated documents and misrepresentations to the court, in Govette v. Bongiovani, C.A. No. 2019-0139-NAC (Del. Ch. Oct. 15, 2025).
Although this case might involve extreme facts, and enunciates basic principles that might…
Symposium at Weinberg Center for Corporate Governance
I’m attending today a symposium hosted by the above center at the University of Delaware, organized by the center’s head, Prof. Larry Cunningham. The title is: “Boardroom Legacy: Weinbergs of Goldman Sachs & The Evolution of Courtroom Governance”.
The impetus of the convocation is the 1948 Princeton senior paper of John Weinberg, that has never…
Chancery Interprets Delaware Rapid Arbitration Act
A recent Delaware Court of Chancery decision interpreted the Delaware Rapid Arbitration Act (“DRAA”), about which there is a relative paucity of published opinions. See OBI Pharma, Inc. v. Biosion, Inc., C.A. No. 2025-0965-KSJM (Del. Ch. Sept. 26, 2025).
This short letter ruling addressed an issue regarding the appointment of a panel of…
Insights Into This Blog’s Author
Recent developments in AI allow for summaries of court decisions without the need, in theory, for much human input. So, what is the usefulness of blogs by lawyers (such as this one–now in its 20th year) that cover a particular legal topic if AI can do so much of the work? The answer is: insights…
8th Edition of The National Law Review’s Delaware Corporate and Commercial Law Monitor
My 8th Edition as Editor-in-Chief of the Delaware Corporate and Commercial Law Monitor published by The National Review is now available.
We collect articles from around the country, by practitioners and academics, about the latest developments on the titular topic.